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1957 Op. Mo. Att'y Gen. 1 (1957)

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Honorable Rex A. Henson
Prosecuting Attorney
butler County
Poplar Bluff. Missouri

Dear Sir:

     Your recent request  for an official opinion reads:
          I would  like to have your opinion on
          some of the  recent rules and regula-
          tions of the  Missouri Conservation
          Commission with  respect to the coming
          duck season.
          When a meeting  of the sportsmen was
          held in  Poplar Bluff a few days ago,
          I was  informed that you attended the
          meeting at  which this problem was
          discussed,  and you are, no doubt, famil-
          iar with  the discontent  .aong many of
          the hunters  in this area.
          My first  impression upon reading the
          recent  rules and particularly the rules
          which  provide that duck decoys left un-
          attended  in the hunting area are sub-
          ject to  seisure by the Commission, and
          the rule which  provides that the duck
          blinds  constructed in a public area
          such as Wappapello  Lake are open to
          the public  on a 'first come-first
          serve'  basis, were rules which could
          not be  enforced by the Commission be-
          cause it  appeared to me that these
          acts would  constitute a confiscation
          of property  in violation of the Con-
          stitution  and the general laws of the
          state.
          Without   going into the merit of the
          complaints  of the various hunters over

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